Arizona DUI Penalties

February 1st, 2010 by Ted Agnick, The Lawyer

Arizona DUI Penalties

FIRST OFFENSE DUI PENALTIES

People cited with a DUI offense, or who have loved ones cited for a DUI, often want to know what penalties they are facing. The following generally explains the penalties people are looking at for first offense DUI’s.

Understand, there are five kinds of first offense misdemeanor DUI’s, so the penalties vary, depending upon which of the five, or combination of the five DUI’s are being charged.

The five are:

1. Basic DUI – Impaired due to alcohol or drugs

2. DUI – BAC of .08% to .15%

3. Extreme DUI – BAC of .15% to .20%

4. Super Extreme – BAC of .20% or more

5. DUI Illicit Drug Metabolite in your body

ARIZONA DUI PENALTIES

There are both direct and indirect DUI consequences. Direct consequences are things such as jail sentences and license suspensions. Indirect consequences are things such as increased insurance rates and not being able to travel to Canada. This chapter deals with direct consequences.

First Offense DUI Penalties

28-1381(A)(1) – Impaired to the Slightest Degree by Alcohol, Drugs or a Combination of Both

A conviction of this statute results in a class 1 misdemeanor, 1 day to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $1000. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months. These penalties can run concurrent with other DUI penalties arising from the same incident.

28-1381(A)(2) – BAC of .08 to .149 Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 1 day to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $1000. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months.

28-1381(A)(3) -Driving With the Metabolite of an Illicit Drug in your System

A conviction of this statute results in a class 1 misdemeanor, 1 day to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $1000. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1381(A)(1) -BAC of .15 to .199 Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $2,250. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months.

28-1382(A)(2) – BAC of .20 or more within 2 hours of driving.

A conviction results in a class 1 misdemeanor, 45 days to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $450 to $2,500 plus 83% surcharges; and assessment of $2,250. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 18 months.

SECOND OFFENSE DUI PENALTIES

This article deals with penalties people are facing for a “second offense” DUI. In Arizona, second offense DUI penalties arise if the person charged has a prior DUI conviction within seven (7) years.

So, these penalties will only apply to people who have a prior DUI conviction within seven (7) years. The prior DUI conviction can be from Arizona or any other state with similar DUI laws. The non-Arizona DUI conviction can only be used if the law violated in that state would have resulted in a DUI conviction in Arizona. As with first offense DUI’s, there are five (5) types of second offense DUI’s. the penalties vary, depending upon which of the five DUI’s or combination of the five, are charged.